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1965-703O,LSOLUTIJN NO. 65S,-703 A LESOLUTION OF THE CITY COUNCIL CF THL CITY 31 ANAHEIM Glr:AdTING VAI::,IANCL NO. 172. WELREAS, the City Planning Commission of the City of Anaheim did receive a petition for zoning variance from Frank 7.T. Sackett and Edith DDse ackett, owners and L.G.S. Corporation, Lessee of certain real property situated in the City of Anaheim, County of Orange, State of California, described as follows: That portion of Lot 35 of Anaheim Etension in the City of Anaheim, as shown on a mao of survey made by William Hamel, and filed for record in the Office of the County Kecorder of Los Angeles County, California, and being a portion of the southerly five and one-half acres thereof, described as follows: Commencing at a stake marked W.N.H. and H.C.K. on the South line of Section Nine, in Township 4 South, Ranooe 10 West, an Bernardino Base and Meridian, the same being the south- west corner of a 20 acre tract of land sold by D.W.C. Cowan to Dr. William N. Hardin, by deed recorded in Book 34, Page 457, deeds, records of Los Angeles County, California, running thence North, 024.0 feet, more or less, to an old corner post Jlarked H.C.K.; thence Last, 363.7 feet; thence South, 1024.0 feet, more or less, to the South line of said Section Nine; thence West, 363.7 feet to the Point of be?zinning. EXCEPTING THEaEF that portion as granted to the State of California, bv deed recorded February 3, 1956, in Book 3381, Page 147, Iecords, in the 3ffice of the County '2:ecorder of Orange County, described as follows: Beginning at a 4 inch by 4 inch redwood stake on the South line of said Section Nine, 2940.88 feet Last of the South- west corner of said section; thence North. 1 6' 10" West, 184.40 feet; thence South 86 48' 58" East, 58.78 feet; thence South 56 30' 38" Last, 70.45 feet; thence South 24 31' 2" East, 98.06 feet; thence South 1 7' 50" Last, 50.00 feet to a point on the South line of said section; thence along said South line, South 08 52' 10" West, 26.19 feet; thence continuing along said South line, South 88 53' 50" West, 129.42 feet to the point of beginning. ALSO EXCEPTING IT.1a=H, that portion described as follows: Beginning at an old corner post marked H. C. K.; running thence Last, 363.7 feet; thence South, 365.30 feet; thence West, 363.7 feet; thence North, 365.30 feet to the point of beginning. ALSO EXCEPTING that portion lying northerly and easterly of the following described line: Beginning at a point lying South, 703.30 feet from an old corner post marked H.C.K.; running thence East, 140.0 feet; thence South, 14.00 feet; thence East, 223.7 feet to a point, said point being East, 363.7 feet and South 717.30 feet from said old corner post. -1- AND UTT the City P lann>_n Commission did hold a public hearing at the City Hall in the City of Anaheim upon said petition on August 2, 1965, notice of which said public hearing was duly given as required by law and the provisions of Title 18, Chapter 18.76 of the Anaheim Municipal Code; and L i iAS, said Cicy Planning Commission, after due inspection, investigation and studies made by itself and in its behalf, and after due consideration of all evidence and reports offered at said hearing, did adopt Ilesolution No. 1718, Series 1965 -66, recommending that Variance No. 1724 be denied; and WHEREAS, thereafter, within twenty -two (22) days from the date of the adoption of said resolution, a written appeal was filed with the City Council of the City of Anaheim protesting the action of the City Planning Commission in deny- ing said variance, and said appeal was set for public hearing on September 14, 1965, at 7:00 o'clock P.M. at the City Hall in the City of Anaheim, and notice of such public hearing was duly given as required by law and the provisions of Title 1 8 Chapter 18.76 of the Anaheim Municipal Code; and WHEREAS, after due investigation and studies made by itself and in its behalf, and after due consideration of all the evidence and reports offered at said hearing, the City Council does find and determine that: 1. There are exceptional or extraordinary circum- stances or conditions applicable to the property involved or to the intended use of the property that do not apply generally to the property or class of use in the same vicinity and zone. 2. That such a variance is necessary for the preser- vation and enjoyment of a substantial property right possessed by other property in the same vicinity and zone and denied to the property in question. 3. That the granting of such variance will not be materially detrimental to the public welfare or injurious to the property or improvements in such vicinity and zone in which the property is located. 4. That the granting of such variance will not adversely affect the comprehensive general zoning plan. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Anaheim that a conditional zoning variance be, and the same is hereby granted permitting a waiver of the maximum height of a free- standing sign (Section 18.62.090(b 2) of the Anaheim Municipal Code), on the property hereinbefore described. BE IT FURTHER RESOLVED that the remainder of said petition; that is, the request for waivers of the minimum ground clearance height of a free standing sign, the maximum area of a free standing sign, and the restriction that no free standing sign shall be located closer than 300 feet from another free- standing sign on the same property, be, and the same is hereby denied. -2- The City Council hereby reserves the right to revoke such variance permit for good cause or failure of said owners their heirs, successors or assigns, to comply with the Anaheim Municipal Code and regulations and the conditions herein. Said variance is granted for the term prescribed by the Anaheim Municipal Code unless otherwise specified herein. THE FOREGOING RESOLUTION is signed and approved by me this 14th day of September 19 65 ATTEST: STATE OF CALIFORNIA COUNTY OF ORANGE ss. CITY OF ANAHEIM MAYOR OF THE CITY OF NAHEIM ""r 1, DENE M. W!LLIAMS, CITY CLERK OF THE CITY OF ANAHEIM DO HEREBY CERTIFY THAT THE FOREGOING IS THE ORIGIN OF THE ITY oF ANAHEIM AL OF RESOLUTION NO. 5e- 7e) i DULY PASSED ANC AD t ED BY THE ANAHEIM CITY COUNCIL ON `f 5 I, DENE M. WILLIAMS, City Clerk of the City of Anaheim, do hereby certify that the foregoing resolution was introduced and adopted at a regular meeting provided by law, of the City Council of the City of Anaheim, held on the 14th day of September_ 19 65 by the following vote of the members thereof: AYES: COUNCILMEN: Dutton, Schutte and Chandler NOES: COUNCILMEN: Pebley and Krein ABSENT: COUNCILMEN: None And I further certify that the Mayor of the City of Anaheim approved and signed said resolution on the 14th day of September 19 65 IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 14th day of September 19 65 (SEAL) CITY CLERK /a f r �J CI'Y CLERK O THE �CITY OF ANAHEIM